Exemptions

Not all units that meet the definition of boiler or industrial furnace are subject to the BIF standards. The individual unit must first be evaluated against a number of exemptions found in the applicability

FIGURE 23.2 The dry process of a typical cement kiln. (1) Ground limestone and other raw materials are placed in rotating kiln, (2) the ground materials are heated by fuel (which can include hazardous wastes), introduced at the opposite end of the kiln, and (3) the final product, called "clinker," is cooled and later ground and mixed with gypsum to form cement. (Adapted from Texas Environmental Profiles, Using Incineration to Reduce Hazardous Characteristics of Waste, State of Texas, 2009. Available at http://www.texasep.org/html/ wst/wst_4imn_incin.html.)

FIGURE 23.2 The dry process of a typical cement kiln. (1) Ground limestone and other raw materials are placed in rotating kiln, (2) the ground materials are heated by fuel (which can include hazardous wastes), introduced at the opposite end of the kiln, and (3) the final product, called "clinker," is cooled and later ground and mixed with gypsum to form cement. (Adapted from Texas Environmental Profiles, Using Incineration to Reduce Hazardous Characteristics of Waste, State of Texas, 2009. Available at http://www.texasep.org/html/ wst/wst_4imn_incin.html.)

section of the regulations. For a variety of reasons, U.S. EPA determined that the following units do not require stringent regulation under Part 266, Subpart H5,21:

• Units burning used oil for energy recovery.

• Units burning gas recovered from hazardous or solid waste landfills for energy recovery.

• Units burning hazardous wastes exempt from regulation under Section 261.

• Units burning hazardous waste produced by conditionally exempt small quantity generators.

• Coke ovens that burn only decanter tank tar sludge from coking operations.

23.2.1.1.2 Conditionally Exempt Units

In addition to these exemptions, there are three types of units that are conditionally exempt from the regulations. These are metal recovery furnaces, precious metal recovery units, and certain other special industrial units. In order to claim these exemptions, owners/operators must provide a onetime written notice claiming the exemption, conduct sampling, and analysis, and maintain records to demonstrate compliance with all applicable requirements. Any waste management prior to burning in this type of unit, and any resulting residues, are subject to applicable hazardous waste regulation.

23.2.1.1.2.1 Metals Recovery Owners/operators of smelting, melting, and refining furnaces that process hazardous waste solely for metal recovery are conditionally exempt from regulation under this subpart. The Agency has established three criteria to determine if hazardous waste is being legitimately burned for metals recovery5,21:

1. The heating value of the waste does not exceed 5000 Btu/lb (if so, the waste is considered to be burned for energy recovery).

2. The concentration of Part 261 organic constituents does not exceed 500 mg/kg (if so, the waste is considered to be burned partially for destruction).

3. The waste must have demonstrated recoverable levels of metals. Units that may be covered by this exemption include pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces, but do not include cement kilns or halogen acid furnaces.

23.2.1.1.2.2 Precious Metals Recovery Metal recovery units engaged in precious metals recovery are also conditionally exempt from Part 266, Subpart H. Precious metal recovery is defined as the reclamation of economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these metals. Provided the owner/operator complies with the alternative requirements, the unit would be exempt from all BIF requirements except for the regulations concerning the management of residues.

23.2.1.1.2.3 Special Industries Certain industrial units, such as secondary lead and nickel-chromium smelters and mercury recovery furnaces, and other units that process wastes from metals recovery normally do not meet the conditions required for being considered as legitimately burned for metals recovery. U.S. EPA revised the BIF standards to conditionally exclude those wastes that are processed for metals recovery, but do not meet the criteria. Waste streams in these units must contain recoverable levels of metals and the waste must not contain more than 500 mg/L of the toxic organics listed in Part 261 to be considered for this conditional exemption.

23.2.1.1.3 Small Quantity Burners

Owners/operators of facilities that burn small quantities of hazardous waste with a heating value of 5000 Btu/lb are also exempt from Part 266, Subpart H.5 They must, however, comply with the quantity restrictions based on stack height and the surrounding terrain. Also, the hazardous waste firing rate may not exceed 1% of the total fuel requirements. These units are prohibited from burning any waste that contains or is derived from dioxin-bearing wastes. Small quantity burners are required to notify U.S. EPA and maintain facility records documenting compliance with these restrictions. Small quantity burners are also exempt from the requirements in Parts 264/265, Subparts A through L, and Part 270 with respect to the storage of mixtures of hazardous waste and primary fuel, if the waste is stored in tanks that feed fuel directly into the burner.

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